AI Reform Could Raise Legal Uncertainty, Slow Innovation: AIMX

The Mexican Internet Association warns that proposed AI copyright and labor reforms could increase legal uncertainty and compliance burdens, affecting advertising, audiovisual, and tech platforms. In Mexico, ambiguous provisions risk discouraging investment, limiting innovation, and complicating enforcement of digital rights.

The Mexican Internet Association (AIMX) requests an exhaustive technical review of proposed reforms to federal copyright and labor laws regarding AI. The organization warns that it identified significant regulatory risks that could compromise legal certainty and hinder technological innovation in Mexico.

The AIMX says that the legal wording may impose disproportionate operational burdens on sectors including advertising, audiovisual production, and technological platforms. The organization also warns of potential regulatory risks derived from the wording of the initiative, which could generate unforeseen effects on technological development, digital innovation, and legal certainty in the country. 

The legislative initiative stems from a series of legal and social conflicts observed in Mexico during 2025 and 2026 regarding AI-generated content. In August 2025, the Supreme Court of Justice of the Nation (SCJN) ruled that works created entirely by AI are not eligible for copyright registration. The court established that the legal framework is anthropocentric, requiring substantial human creation for protection.

In July 2025, the Second Chamber of the SCJN established a definitive legal precedent regarding the copyright status of AI output through the ruling of Amparo Directo 6/2025. This judicial determination followed a legal challenge by Gerald García, Founder and CEO, Businessadvocacy, who sought to register a virtual avatar generated through AI with the National Copyright Institute. 

The Court determined that works produced exclusively by AI lack the necessary human character to qualify for protection under the Federal Copyright Law, as moral ownership belongs solely to natural persons. Section 101 of the ruling specifies that these products enter the public domain because they are not original works and rely on the collective knowledge of mankind. 

The SCJN clarifies that while the software and computer programs used to develop AI are registrable, the specific results derived from their use are not.

This legal tension escalated following a controversy involving the unauthorized digital cloning of the voice of voice actor José Lavat for a video produced by the National Electoral Institute (INE). The incident provoked protests among voice actors and broadcasters who demanded protection for the voice as a personal and creative right. In response, PRI Deputy Mónica Sandoval introduced a proposal to regulate synthetic images and voices to protect the rights of performers.

The proposed reforms focus on three pillars: consent, remuneration, and transparency. Sandoval argues that while technology offers opportunities for creative industries, it also exposes performers to unauthorized use and labor displacement. To address these challenges, the initiative proposes modifying the Federal Copyright Law and the Federal Labor Law.

Technical Details of the Proposed Reforms

The proposed decree adds articles 87 Bis, 87 Ter, 87 Quater, and 87 Quinquies to the Federal Copyright Law. These additions provide a new regulatory structure for digital identities and synthetic media.

Article 87 Bis defines "synthetic use of image or voice" as the generation, cloning, synthesis, or recreation of a voice or image through technological tools, including AI. The reform also establishes the concept of "prior, free, and informed authorization," which must specify the modality, scope, duration, territory, and purpose of the use. 

Article 87 Ter mandates that the National Copyright Institute establish a voluntary digital registry. This registry will store authorizations, licenses, and contracts related to the use of images and voices. Although registration is voluntary, it serves as evidence regarding the scope of agreed-upon terms. Furthermore, Article 87 Quater requires any party exploiting a synthetic image or voice to maintain documentation for at least two years to prove authorization and agreed-upon remuneration.

Article 87 Quinquies introduces an obligation for commercial communications. Any advertisement or commercial content that uses a synthetic version of an identifiable person must include a visible or audible notice. This requirement informs the audience that the content was generated or modified using technological tools.

The initiative also modifies Article 305 of the Federal Labor Law. Under the new provisions, employers or contractors must include a specific clause in artistic service contracts that details the platform, territory, and potential for synthetic use. Employers must also provide workers with a full copy of the contract and technical annexes at no cost. Failure to comply with these provisions will result in sanctions under both labor and copyright laws.

Regulatory Challenges and Market Risks 

While the reform aims to protect performers, the AIMX identifies elements that could generate adverse effects on the digital ecosystem. The organization suggests that the requirement for specific and potentially repeated authorizations is difficult to implement in dynamic, scalable digital environments. This design could create heavy operational burdens for the digital industry, which may be incompatible with the principle of normative proportionality.

The AIMX also identifies several critical areas of concern:

• Legal Uncertainty: The reform’s wording includes broad or ambiguous concepts that could increase the risk of legal controversies. This lack of precision may affect the predictability necessary for investment and technological development.

• Innovation Incentives: Without a clear distinction between the misuse of AI and the development of those tools, the reform might discourage national innovation. This could limit Mexico’s digital competitiveness.

• Freedom of Expression: The organization notes that the initiative lacks clear exceptions for parody, satire, and educational use. These exceptions are essential to balance copyright protection with creative freedom.

• Privacy and Security: The use of geolocalization technologies in the context of AI and voice exploitation requires further analysis. The collection and storage of location data associated with performers could create risks to privacy and digital security.

From an economic perspective, high levels of regulatory burden before operations commence could impact the attraction of investment in creative and technological industries. Hugo Buendía, Researcher, UNAM, notes that while the synthesis of voice creates tension with traditional legal categories, the focus should remain on human creativity as the anchor for protection.

Ninety days after the decree takes effect, the National Copyright Institute must enable the digital registry and update its regulations. The AIMX continues to advocate for a dialogue with the legislative branch to ensure that the framework protects performers without hindering innovation or the competitiveness of the country.